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Individual Confidentiality Agreement for Austria

Individual Confidentiality Agreement Template for Austria

This Individual Confidentiality Agreement is a legally binding document governed by Austrian law, designed to protect confidential information when shared with an individual recipient. It incorporates key requirements of Austrian civil law, trade secrets protection under the UWG, and data protection obligations under the GDPR. The agreement establishes clear obligations for maintaining confidentiality, specifies permitted uses of confidential information, and includes enforcement mechanisms compliant with Austrian jurisdiction. It is particularly structured to address individual recipients rather than corporate entities, making it suitable for employees, consultants, contractors, and other individual parties who may need access to sensitive information.

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What is a Individual Confidentiality Agreement?

The Individual Confidentiality Agreement is essential when organizations need to share sensitive information with individual recipients while maintaining legal protection under Austrian law. This document is commonly used during hiring processes, consultancy engagements, independent contractor relationships, or when engaging with individual business partners. The agreement specifically addresses requirements under Austrian civil law (ABGB), trade secrets protection (UWG), and data protection regulations (DSG and GDPR). It's designed to be more streamlined than corporate NDAs while maintaining robust protection for confidential information. The document includes clear definitions of confidential information, specific obligations for the receiving individual, and enforcement mechanisms suitable for individual recipients rather than corporate entities.

What sections should be included in a Individual Confidentiality Agreement?

1. Parties: Identification of the disclosing party and receiving party with full legal names and addresses

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Definition of 'Confidential Information' and other key terms used in the agreement

4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and permitted uses of confidential information

5. Term and Survival: Duration of the agreement and survival of obligations after termination

6. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

7. Data Protection: GDPR compliance provisions and data handling requirements

8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

9. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction for dispute resolution

What sections are optional to include in a Individual Confidentiality Agreement?

1. Permitted Disclosures: Used when certain disclosures to third parties (such as professional advisors) need to be explicitly permitted

2. Non-Competition: Include when there's a need to restrict competitive activities, subject to Austrian competition law limitations

3. Intellectual Property Rights: Added when confidential information includes IP that requires specific protection

4. Security Measures: Include when specific security protocols for handling information need to be mandated

5. Prior Disclosure: Used when the agreement needs to cover information disclosed before the effective date

6. Third Party Rights: Include when confidential information belongs to or affects third parties

7. Severability: Optional but recommended clause addressing the survival of remaining provisions if parts are found invalid

What schedules should be included in a Individual Confidentiality Agreement?

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive or handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information

4. Schedule 4 - Approved Third Party Recipients: List of pre-approved third parties who may receive the confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Technology

Manufacturing

Healthcare

Financial Services

Professional Services

Research & Development

Biotechnology

Energy

Telecommunications

Media & Entertainment

Retail

Education

Consulting

Pharmaceuticals

Engineering

Relevant Teams

Legal

Human Resources

Research & Development

Information Technology

Executive Leadership

Finance

Business Development

Operations

Product Development

Marketing

Engineering

Information Security

Procurement

Strategy

Relevant Roles

CEO

HR Manager

Legal Counsel

Research Scientist

Software Developer

Business Development Manager

Product Manager

Consultant

Financial Analyst

Project Manager

Engineering Director

Marketing Manager

Chief Technology Officer

Operations Manager

External Advisor

Independent Contractor

Intern

Visiting Researcher

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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